DIVX, INC.

( Licensor ) LICENSE
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
(THE EULA ) BEFORE USING THIS SOFTWARE, THE USE OF WHICH IS
LICENSED BY LICENSOR TO YOU, ITS CUSTOMER, FOR YOUR USE ONLY
AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS OF THE EULA, DO NOT USE THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
SOFTWARE IS PROVIDED "AS IS". THERE ARE NO WARRANTIES UNDER
THIS EULA, AND LICENSOR DISCLAIMS ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
ASSENT: By clicking I Agree below, or by opening the file
package containing the Software, you agree that this EULA is
a legally binding and valid contract, agree to abide by all
of the terms and conditions of this EULA, and further agree
to take all necessary steps to ensure that the terms and
conditions of this EULA are not violated by any person or
entity under your control or in your service.
GRANT OF LICENSE: Licensor grants to you this personal,
limited, non-exclusive, non-transferable, non-assignable
license solely to use in a single copy of the Software on a
single computer for use by a single concurrent user only,
and solely provided that you adhere to all of the terms and
conditions of this EULA. The Third-Party Software
distributed along with the Software is distributed pursuant
to the respective license grants accompanying such
Third-Party Software. Software means computer software
together with any related documentation (including design,
systems and user) and other materials for use in connection
with such computer software distributed pursuant to this
EULA. Third-Party Software means Software created and
licensed to you by a company other than DivX, Inc., which
may be distributed and/or installed along with the Software
distributed pursuant to this EULA. The foregoing is an
express limited use license and not an assignment, sale, or
other transfer of the Software or any Intellectual Property
Rights (as defined below) of Licensor.
RESTRICTIONS:
(a) You are expressly prohibited from copying, modifying,
merging, selling, leasing, redistributing, assigning, or
transferring in any matter, the Software or any portion
thereof.
(b) You may take a single copy of materials within the
package or otherwise related to the Software only as
required for backup purposes.
(c) You are expressly prohibited from reverse engineering,
decompiling, translating, disassembling, deciphering,
decrypting, or otherwise attempting to discover the source
code of the Software as such Software contains proprietary
material of Licensor. You may not otherwise modify, alter,
adapt, port, or merge the Software.
(d) You may not remove, alter, deface, overprint or
otherwise obscure Licensor patent, trademark, service mark
or copyright notices.
(e) You may not publish or distribute in any form of
electronic or printed communication the materials within or
otherwise related to the Software, including but not limited
to the object code, documentation, help files, examples, and
benchmarks.
COMPLIANCE WITH LAWS: You agree that in obtaining,
installing, distributing, running, or otherwise making use
of the Software, you will abide by all applicable laws,
including without limitation intellectual property laws and
export control laws.
OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates or
subsidiaries own all rights that may exist from time to time
in this or any other jurisdiction, whether foreign or
domestic, under patent law, copyright law, publicity rights
law, moral rights law, trade secret law, trademark law,
unfair competition law or other similar protections,
regardless of whether or not such rights or protections are
registered or perfected (the "Intellectual Property
Rights"), in the Software. ALL INTELLECTUAL PROPERTY RIGHTS
IN AND TO THE SOFTWARE ARE AND SHALL REMAIN IN LICENSOR.
TRIALS: Components included in the Software may be subject
to trial periods for the purposes of evaluation prior to
purchase. Trial periods may begin either upon installation,
upon first use of a component, or as the user elects when
prompted by a product or its subcomponents. Upon expiration
of a trial period, the Software may cease to function or
continue to operate with reduced functionality. Duration of
trial periods is as marketed by Licensor, indicated during
installation, specified in the Software documentation, or
displayed on the Software GUI.
PRODUCT REGISTRATION: Use of some components in the Software
may be governed by product registration technology.
Unregistered Software may be non-functional or subject to
trials. During registration, a serial number will be issued
to you by Licensor or its affiliates for one or more
components. Upon entering a valid serial number for a
component ( registering the component), the registered
component will be released of its trial and/or
non-functional limitations. You agree not to disclose any
serial number issued to you to any third-party for any
reason, except for the purposes of acquiring product support
from Licensor or its affiliates.
VERSION CHECKING: the Software will perform version
checking. During version, checking a list of potential
updates will be downloaded from our servers. No personal
information will be communicated to Licensor or its
affiliates during this process.
BANNERS: the Software will download product banners and/or
similar marketing devices from our servers and display them
within the Software GUI. A message will be sent to our
servers indicating that a banner or similar marketing device
has been served. No personal information will be
communicated to DivX, Inc. or its affiliates during this
process.
SOFTWARE INSTALLATION: Components bundled with the Software
may report to Licensor and/or its affiliates the
installation status of certain marketing offers, such as
toolbars, and also generalized installation information,
such as language preference and operating system version, to
assist Licensor in its product development. No personal
information will be communicated to DivX, Inc. or its
affiliates during this process. Licensor may in the future
offer additional components (such as a toolbar) through our
version checking/update system.
DIVX PLAYER INSTALLATION: During the installation of the
DivX Player you may elect the option to send information
about your computer system configuration to Licensor. This
information is not personally identifiable and is used only
to enhance the performance of the DivX Player on typical
"DivX user" systems.
MAILING SUBSCRIPTIONS: Components of the Software allow you
to subscribe to Licensor s e-mail newsletter and
additionally to subscribe to receive messages from our
partners. If you subscribe to either of these services you
will periodically receive e-mail messages from Licensor.
Your email address will not be provided to any third
parties.
AFFILIATE OFFERS: During the installation process you may be
offered software components on behalf of Licensor's
affiliates. Such offers are optional and do not affect your
use of the Software or your eligibility for trials and
product registration. Installation and use of affiliate
software is subject to the terms of use and privacy policy
set by the affiliate for their products.
MOZILLA FIREFOX: During the installation process you may be
presented an affiliate offer for Mozilla Firefox. The
Mozilla Firefox License is appended to our EULA. By
accepting an offer to install Mozilla Firefox you agree to
the terms and conditions of the Mozilla Firefox License.
NO COMMERCIAL USE: This EULA grants you the right to use the
Software for personal use only. Commercial use of the
Software or of the work products resulting from its use is
not permitted under this EULA.
NO TRANSCODING: You are prohibited from using the Software
with software or hardware products whose purpose is to
"transcode" or convert DivX video or DivX Media Format
content into an alternate format.
NOTICES: USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES
WITH THE MPEG 4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR
USE BY A CONSUMER ENGAGING IN PERSONAL AND NON COMMERCIAL
ACTIVITIES.
TERM: This EULA is effective until terminated. You may
terminate this EULA at any time by uninstalling the Software
and destroying all copies of the Software. Upon any
termination, you agree to uninstall the Software and return
or destroy all copies of the Software, any accompanying
documentation, and all other associated materials.
GOVERNING LAW: This EULA shall be governed by the laws of
the State of California and by the laws of the United
States, excluding their conflicts of law principles. The
United Nations Convention on Contracts for the International
Sale of Goods (1980) is hereby excluded in its entirety from
application to this License.
WARRANTIES AND DISCLAIMER:
EXCEPT TO THE EXTENT PROHIBITED AS A MATTER OF APPLICABLE
LAW, OR AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN
AGREEMENT BETWEEN LICENSOR AND YOU, THE SOFTWARE IS PROVIDED
AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT (i)
THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF
THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF THE SOFTWARE WILL MEET YOUR EXPECTATIONS, (v) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED, AND/OR (vi) YOU
MAY USE, PRACTICE, EXECUTE, OR ACCESS THE SOFTWARE WITHOUT
VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU OR MAY ONLY APPLY TO YOU IN PART. IF CALIFORNIA LAW IS
NOT HELD TO APPLY TO THIS AGREEMENT FOR ANY REASON, THEN IN
JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS,
AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY
SUCH WARRANTY, GUARANTEE, REPRESENATION AND/OR WARRANTY IS:
(1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30)
DAYS FROM THE DATE OF OPENING THE PACKAGE CONTAINING THE
SOFTWAREOR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE
APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION
WOULD BE UNENFORCEABLE; AND (2) LICENSOR S SOLE LIABILITY
FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE,
REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU
WITH A NEW COPY OF THE SOFTWARE.
IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR
HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON
ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THE SOFTWARE. SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SEVERABILITY: In the event any provision of this EULA is
found to be invalid, illegal or unenforceable, the validity,
legality and enforceability of any of the remaining
provisions shall not in any way be affected or impaired and
a valid, legal and enforceable provision of similar intent
and economic impact shall be substituted therefore.
ENTIRE AGREEMENT: This EULA sets forth the entire
understanding and agreement between you and Licensor,
supersedes all prior agreements, whether written or oral,
with respect to the Software, and may be amended only in a
writing signed by both parties.
DivX, Inc.
4780 Eastgate Mall
San Diego, California 92121
May 31, 2006
-------------------------
MOZILLA FOUNDATION
MOZILLA FIREFOX END-USER SOFTWARE LICENSE AGREEMENT
Version 1.1
A SOURCE CODE VERSION OF CERTAIN FIREFOX BROWSER
FUNCTIONALITY THAT YOU MAY USE, MODIFY AND DISTRIBUTE IS
AVAILABLE TO YOU FREE-OF-CHARGE FROM WWW.MOZILLA.ORG UNDER
THE MOZILLA PUBLIC LICENSE and other open source software
licenses.
The accompanying executable code version of Mozilla Firefox
and related documentation (the "Product") is made available
to you under the terms of this MOZILLA FIREFOX END-USER
SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT"). BY CLICKING
THE "ACCEPT" BUTTON, OR BY INSTALLING OR USING THE MOZILLA
FIREFOX BROWSER, YOU ARE CONSENTING TO BE BOUND BY THE
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT, DO NOT CLICK THE "ACCEPT" BUTTON, AND DO
NOT INSTALL OR USE ANY PART OF THE MOZILLA FIREFOX BROWSER.
DURING THE MOZILLA FIREFOX INSTALLATION PROCESS, AND AT
LATER TIMES, YOU MAY BE GIVEN THE OPTION OF INSTALLING
ADDITIONAL COMPONENTS FROM THIRD-PARTY SOFTWARE PROVIDERS.
THE INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY
BE GOVERNED BY ADDITIONAL LICENSE AGREEMENTS.
1. LICENSE GRANT. The Mozilla Corporation grants you a
non-exclusive license to use the executable code version of
the Product. This Agreement will also govern any software
upgrades provided by Mozilla that replace and/or supplement
the original Product, unless such upgrades are accompanied
by a separate license, in which case the terms of that
license will govern.
2. TERMINATION. If you breach this Agreement your right to
use the Product will terminate immediately and without
notice, but all provisions of this Agreement except the
License Grant (Paragraph 1) will survive termination and
continue in effect. Upon termination, you must destroy all
copies of the Product.
3. PROPRIETARY RIGHTS. Portions of the Product are available
in source code form under the terms of the Mozilla Public
License and other open source licenses (collectively, "Open
Source Licenses") at http://www.mozilla.org. Nothing in this
Agreement will be construed to limit any rights granted
under the Open Source Licenses. Subject to the foregoing,
Mozilla, for itself and on behalf of its licensors, hereby
reserves all intellectual property rights in the Product,
except for the rights expressly granted in this Agreement.
You may not remove or alter any trademark, logo, copyright
or other proprietary notice in or on the Product. This
license does not grant you any right to use the trademarks,
service marks or logos of Mozilla or its licensors.
4. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED "AS IS"
WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, MOZILLA AND
MOZILLA'S DISTRIBUTORS, LICENSORS HEREBY DISCLAIM ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND
NON-INFRINGING. YOU BEAR ENTIRE RISK AS TO SELECTING THE
PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND
PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT
APPLY TO YOU.
5. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW,
MOZILLA AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS,
CONTRIBUTORS AND AGENTS (COLLECTIVELY, THE "MOZILLA GROUP")
WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY
WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO
USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA,
AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY
(CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS
BASED. THE MOZILLA GROUP'S COLLECTIVE LIABILITY UNDER THIS
AGREEMENT WILL NOT EXCEED THE GREATER OF $500 (FIVE HUNDRED
DOLLARS) AND THE FEES PAID BY YOU UNDER THIS LICENSE (IF
ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES,
SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
6. EXPORT CONTROLS. This license is subject to all
applicable export restrictions. You must comply with all
export and import laws and restrictions and regulations of
any United States or foreign agency or authority relating to
the Product and its use.
7. U.S. GOVERNMENT END-USERS. The Product is a "commercial
item," as that term is defined in 48 C.F.R. 2.101,
consisting of "commercial computer software" and "commercial
computer software documentation," as such terms are used in
48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June
1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R.
27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S.
Government End Users acquire the Product with only those
rights as set forth herein.
8. MISCELLANEOUS. (a) This Agreement constitutes the entire
agreement between Mozilla and you concerning the subject
matter hereof, and it may only be modified by a written
amendment signed by an authorized executive of Mozilla. (b)
Except to the extent applicable law, if any, provides
otherwise, this Agreement will be governed by the laws of
the state of California, U.S.A., excluding its conflict of
law provisions. (c) This Agreement will not be governed by
the United Nations Convention on Contracts for the
International Sale of Goods. (d) If any part of this
Agreement is held invalid or unenforceable, that part will
be construed to reflect the parties' original intent, and
the remaining portions will remain in full force and effect.
(e) A waiver by either party of any term or condition of
this Agreement or any breach thereof, in any one instance,
will not waive such term or condition or any subsequent
breach thereof. (f) Except as required by law, the
controlling language of this Agreement is English. (g) You
may assign your rights under this Agreement to any party
that consents to, and agrees to be bound by, its terms; the
Mozilla Corporation may assign its rights under this
Agreement without condition. (h) This Agreement will be
binding upon and will inure to the benefit of the parties,
their successors and permitted assigns.